Legalize / Ireland / Act

Judicial Council Act 2019

Type Act

Publication 2019-07-23

Last updated 2025-06-23

State In force

Source Irish Statute Book

articles 103

Reform history JSON API

PART 1 Preliminary and General

1. Short title and commencement

1. (1) This Act may be cited as the Judicial Council Act 2019.

(2) This Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

2. Definitions

2. In this Act—

“Board” means the Board of the Council;

“committee” means a committee of the Council, namely—

(a) the Judicial Studies Committee,

(b) the Personal Injuries Guidelines Committee,

(d) each of the Judicial Support Committees,

(e) the Judicial Conduct Committee, or

(f) a committee established under section 16;

“complaint” means a complaint made under section 50;

“complainant” means a person who makes a complaint or on whose behalf a complaint is made;

“Complaints Review Committee” means the Complaints Review Committee established under section 55;

“control”, in relation to a document, includes the ability to procure the document;

“co-opted member of the Board” has the meaning assigned to it by section 12(5);

“Council” means the Judicial Council established by section 6;

“Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016^1 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);

“designated judge or designated judges”, in relation to the process for the resolution by informal means of complaints under Chapter 4 of Part 5, means—

(a) in the case of an ordinary judge of the Supreme Court, the Chief Justice,

(b) in the case of an ordinary judge of the Court of Appeal, the President of the Court of Appeal,

(d) in the case of an ordinary judge or a specialist judge of the Circuit Court, the President of the Circuit Court,

(e) in the case of a judge (other than the President) of the District Court, the President of the District Court,

(f) in the case of the President of the Court of Appeal, the President of the High Court, the President of the Circuit Court or the President of the District Court, the Chief Justice, and

(g) in the case of the Chief Justice, the President of the Court of Appeal, the President of the High Court, the President of the Circuit Court and the President of the District Court;

“document” includes—

(a) a book, record or other written or printed material in any form (including in any electronic device),

(b) a map, plan or drawing,

(c) a disc, tape or other mechanical or electronic device in which data other than visual images are embodied so as to be capable, with or without the aid of some other mechanical or electronic equipment, of being reproduced from the disc, tape or other device,

(d) a film, disc, tape or other mechanical or electronic device in which visual images are embodied so as to be capable, with or without the aid of some other mechanical or electronic equipment, of being reproduced from the film, disc, tape or other device, and

(e) a copy of anything which falls under paragraph (a), (b), (c) or (d);

“elected member” means—

(a) in relation to the Board, a judge elected in accordance with section 12(4) to be an elected member of the Board, and

(b) in relation to the Judicial Conduct Committee, a judge elected in accordance with section 44(4) to be an elected member of the Judicial Conduct Committee,

as may be appropriate;

“electronic device” includes any device which uses any electrical, digital, magnetic, optical, electromagnetic, biometric or photonic means, or other forms of related technology, or any combination thereof, to store or transmit data or both to store and transmit data;

“establishment day” means the day appointed under section 5;

“European Court of Human Rights” has the meaning it has in Eusection 1(1) of the European Convention on Human Rights Act 2003;

“ ex officio member” means—

(a) in relation to the Board, a judge holding one of the judicial offices specified in section 12(2), and

(b) in relation to the Judicial Conduct Committee, a judge holding one of the judicial offices specified in section 44(2),

as may be appropriate;

“International Court of Justice” means the International Court of Justice established under the Charter of the United Nations;

“International Criminal Court” means the International Criminal Court established under the Rome Statute of the International Criminal Court done at Rome on 17 July 1998;

“international tribunal” has the meaning it has in section 2 of the International War Crimes Tribunals Act 1998;

“judge” means a judge of the Supreme Court, the Court of Appeal, the High Court, the Circuit Court or the District Court;

“judge concerned”, in relation to a complaint, has the meaning assigned to it by section 50;

“Judicial Conduct Committee” means the committee established under section 43;

“judicial misconduct” means conduct (whether an act or omission) by a judge, whether in the execution of his or her office or otherwise, and whether generally or on a particular occasion, that—

(a) constitutes a departure from acknowledged standards of judicial conduct, such standards to have regard to the principles of judicial conduct referred to in sections 7(1)(b) and 43(2), and

(b) brings the administration of justice into disrepute;

“Judicial Studies Committee” means the committee established under section 17;

“Judicial Support Committees” means the committees established under section 30;

“lay member” means—

(a) in relation to the Sentencing Guidelines and Information Committee, a person appointed under section 24(3) to be a lay member of that Committee,

(b) in relation to the Judicial Conduct Committee, a person appointed under section 44(5) to be a lay member of that Committee, and

(c) in relation to a panel of inquiry, a person appointed under section 67(1)(b) to be a lay member of that panel of inquiry,

as may be appropriate;

“local authority” has the meaning it has in the Local Government Act 2001;

“Minister” means the Minister for Justice and Equality;

“panel of inquiry” means a panel of inquiry comprising the persons who are appointed as members of the panel of inquiry under section 67 to perform the functions conferred on a panel of inquiry by this Act;

F1["personal injuries guidelines" shall, subject tosection 89A, have the meaning assigned to it bysection 90(1);]

“Personal Injuries Guidelines Committee” means the committee established under section 18;

“personal injury” has the meaning it has in the Civil Liability Act 1961;

“Registrar”, in relation to the Judicial Conduct Committee, has the meaning assigned to it by section 49;

“registrar to a panel of inquiry” has the meaning assigned to it by section 67(7);

“Secretary”, in relation to the Council, has the meaning assigned to it by section 32;

“sentence” includes any order or decision of a court consequent on a conviction for an offence or a finding of guilt in respect of an offence;

“sentencing guidelines” shall be construed in accordance with section 91;

“Sentencing Guidelines and Information Committee” means the committee established under section 23.

3. Repeals

3. The following provisions are repealed:

(a) section 21 of the Courts of Justice (District Court) Act 1946;

(b) sections 10(4) and 36(2) of the Courts (Supplemental Provisions) Act 1961;

4. Expenses

4. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

PART 2 Judicial Council

5. Establishment day

5. The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act.

6. Establishment of Council

6. (1) There shall stand established on the establishment day, a body which shall be known as Comhairle na mBreithiúna or, in the English language, the Judicial Council (in this Act referred to as the “Council”) to perform the functions conferred on it by this Act.

(2) The Council shall, subject to the provisions of this Act, be independent in the performance of its functions.

(3) The Council shall be a body corporate with perpetual succession and an official seal and shall have power to sue, and may be sued, in its corporate name, and shall, with the consent of the Minister and the approval of the Minister for Public Expenditure and Reform, have power to acquire, hold and dispose of land or an interest in land and to acquire, hold and dispose of any other property.

(4) The Council shall have a seal and the seal shall be authenticated by the signatures of—

(a) the chairperson of the Council or another member of the Council authorised by it to act in that behalf, and

(b) the Secretary or another member of the staff of the Council authorised by it to act in that behalf.

(5) Judicial notice shall be taken of the seal of the Council and every document purporting—

(a) to be an instrument made by the Council, and

(b) to be sealed with the seal of the Council authenticated in accordance with subsection (4),

shall be received in evidence and be deemed to be such an instrument without further proof, unless the contrary is shown.

7. Functions of Council

7. (1) The functions of the Council shall be to promote and maintain—

(a) excellence in the exercise by judges of their judicial functions,

(b) high standards of conduct among judges, having regard to the principles of judicial conduct requiring judges to uphold and exemplify judicial independence, impartiality, integrity, propriety (including the appearance of propriety), competence and diligence and to ensure equality of treatment to all persons before the courts,

(c) the effective and efficient use of resources made available to judges for the purposes of the exercise of their functions,

(d) continuing education of judges,

(e) respect for the independence of the judiciary, and

(f) public confidence in the judiciary and the administration of justice.

(2) Without prejudice to the generality of subsection (1), the Council shall—

(a) review a proposal, report or recommendation submitted to it by the Board under section 11(1)(c),

(b) consider a matter referred to it by a committee under section 16(5),

(c) if appropriate, make decisions in relation to a proposal, report or recommendation referred to in paragraph (a) or a matter referred to in paragraph (b),

(d) adopt and publish in such manner as it considers appropriate—

(i) guidelines concerning judicial conduct and ethics prepared and submitted to the Board by the Judicial Conduct Committee under section 43(3)(d) with the modifications (if any) made by the Board under section 11(1)(f), or

(ii) amendments to guidelines concerning judicial conduct and ethics so prepared and submitted under section 43(3)(e) with the modifications (if any) made by the Board under section 11(1)(f),

as soon as practicable, and in any event not later than 12 months, after such submission,

(e) develop and manage schemes for the education and training of judges,

(f) prepare and disseminate information and materials among judges for their use in the exercise of their functions,

F2[(g) adopt—

(i) draft personal injuries guidelines prepared and submitted to the Board undersection 18(2)(a)with the modifications (if any) made by the Board undersection 11(1) (d), as soon as practicable after such submission but not later than 31 July 2021, or

(ii) any draft amendments to personal injuries guidelines prepared and submitted to the Board undersection 18(2)(b)with the modifications (if any) made by the Board undersection 11(1)(d), as soon as practicable but not later than 12 months after such submission,

and publish the personal injuries guidelines and amendments in such manner as it considers appropriate as soon as practicable following such adoption,]

F3[(ga) subject tosubsection (2A), adopt any amendments to personal injuries guidelines prepared and submitted to the Board undersection 18(2)(b)with the modifications (if any) made by the Board undersection 11(1)(d), as soon as practicable after such submission, and publish the amendments in such manner as it considers appropriate as soon as practicable following such adoption,]

(h) adopt and publish in such manner as it considers appropriate—

(i) sentencing guidelines prepared and submitted to the Board by the Sentencing Guidelines and Information Committee under section 23(2)(a) with the modifications (if any) made by the Board under section 11(1)(e), or

(ii) amendments to sentencing guidelines so prepared and submitted under section 23(2)(b) with the modifications (if any) made by the Board under section 11(1)(e),

as soon as practicable, and in any event not later than 12 months, after such submission,

(i) promote among judges, in such manner as it considers appropriate, an understanding of the principles governing the assessment and award of damages for personal injuries,

(j) subject to section 23, promote an understanding of sentencing principles and practice among judges and persons other than judges in such manner as it considers appropriate,

(k) establish, maintain and improve communication with—

(i) bodies representing judges appointed to courts of places other than the State, and

(ii) international bodies representing judges,

and

(l) assist with the provision of support to judges generally.

F3[(2A) Amendments to personal injuries guidelines may be adopted by the Council undersubsection (2)(ga)only where—

(a) a draft of the amendments has first been laid before each House of the Oireachtas, and

(b) a resolution approving the draft of the amendments has been passed by each such House.

(2B) For the purposes ofsubsection (2A), the Council shall submit a draft of the amendments it proposes to adopt to the Minister and the Minister shall cause a draft of the amendments to be laid before each House of the Oireachtas as soon as practicable after the receipt thereof.]

(3) The Council shall have all such powers as are necessary or expedient for the performance of its functions, including the power—

(a) to establish committees in accordance with this Act, and

(b) to delegate any of its functions to a committee.

(4) The Council may for the purposes of the performance of its functions or the functions of a committee—

(a) enter into contracts or arrangements, and

(b) exercisable only with the consent of the Minister, engage consultants or advisers.

(5) F4[Notwithstanding any other provision of this Act, the functions of the Council referred to inparagraphs (a)to(d)andparagraphs (ga)and(h)ofsubsection (2), and insubsections (2A)and(2B), other than in so far as the functions referred to inparagraphs (d), (ga)and(h)] refer to publication, shall not be—

(a) performed by the Board on behalf of the Council,

(b) delegated to a committee, or

8. Membership of Council

8. (1) The Council shall comprise the following members:

(a) the Chief Justice and the ordinary judges of the Supreme Court;

(b) the President of the Court of Appeal and the ordinary judges of the Court of Appeal;

(d) the President of the Circuit Court and the ordinary judges and specialist judges of the Circuit Court;

(e) the President of the District Court and the judges of the District Court other than the President of that Court.

(2) Subject to section 9(5), the Council may act notwithstanding one or more vacancies in its membership.

(3) When a member of the Council ceases to be a judge, he or she shall thereupon cease to be a member of the Council.

(4) The Chief Justice shall be the chairperson of the Council and the President of the Court of Appeal shall be its vice-chairperson.

9. Meetings and procedures of Council

9. (1) The Council shall hold such and so many meetings as may be necessary for the performance of its functions but in each year shall hold at least one meeting.

(2) The first meeting of the Council shall be held not later than 3 months after the establishment day.

(3) At a meeting of the Council—

(a) the chairperson of the Council shall, if present, be the chairperson of the meeting,

(b) if and so long as the chairperson of the Council is not present, or if the office of chairperson of the Council is vacant, the vice-chairperson of the Council shall be the chairperson of the meeting, and

(c) if and so long as neither the chairperson nor the vice-chairperson of the Council is present, or if the offices of chairperson and vice-chairperson of the Council are vacant, the next most senior judge present shall be the chairperson of the meeting.

(4) Every question at a meeting of the Council shall be determined by a majority of the votes of the members of the Council present and voting on the question and, in the case of an equal division of the votes, the chairperson of the meeting shall have a second or casting vote.

(5) The quorum for a meeting of the Council shall be—

(a) not less than half of the total number of its members, and

(b) not less than one-quarter, or such greater proportion as the Council may determine, of the total number of members of each Court, namely, the Supreme Court, the Court of Appeal, the High Court, the Circuit Court and the District Court, rounded up to the nearest whole number.

(6) For the purposes of subsection (5)(b), the members of each Court shall not include ex officio members of that Court.

(7) Subject to this Act, the Council may regulate its own procedures.

(8) A member of the Council may, in such form and manner as may be determined by the Council in accordance with subsection (7), designate another member of the Council to vote as his or her proxy at a meeting of the Council.

PART 3 Board and Committees of Council

10. Board of Council

10. (1) There shall be a Board of the Council (in this Act referred to as the “Board”).

(2) At the first meeting of the Council, the election of the first elected members of the Board shall take place in accordance with section 12(4).

(3) Subject to this Act, the Board may regulate its own procedures.

11. Functions of Board

11. (1) Subject to section 7(5), the functions of the Council shall be performed by the Board on behalf of the Council in accordance with such directions (if any) as the Council may give to the Board and, without prejudice to the generality of the foregoing, the Board—

(a) shall consider and determine policy in relation to the performance of those functions,

(b) shall oversee the implementation of that policy by the Secretary,

(c) may of its own volition submit a proposal, report or recommendation to the Council in relation to any of the functions of the Council and shall do so upon a request from the Council in relation to any of those functions or any other matter,

(d) shall review—

(i) draft personal injuries guidelines prepared by the Personal Injuries Guidelines Committee and submitted by it to the Board under section 18(2)(a), and

(ii) draft amendments to personal injuries guidelines prepared by that Committee and submitted by it to the Board under section 18(2)(b),

and may make such modifications to those draft guidelines, or draft amendments to such guidelines, as it considers appropriate,

(e) shall review—

(i) draft sentencing guidelines prepared by the Sentencing Guidelines and Information Committee and submitted by it to the Board under section 23(2)(a), and

(ii) draft amendments to sentencing guidelines prepared by that Committee and submitted by it to the Board under section 23(2)(b),

and may make such modifications to those draft guidelines, or draft amendments to such guidelines, as it considers appropriate,

(f) shall review—

(i) draft guidelines concerning judicial conduct and ethics prepared by the Judicial Conduct Committee and submitted by it to the Board under section 43(3)(d), and

(ii) draft amendments to guidelines concerning judicial conduct and ethics prepared by that Committee and submitted by it to the Board under section 43(3)(e),

and may make such modifications to those draft guidelines, or draft amendments to such guidelines, as it considers appropriate.

(2) The Board shall have all such powers as are necessary or expedient for the performance of its functions, including the power to—

(a) delegate such of its functions as it considers appropriate to the Secretary, and

(b) refer any matter to a committee for its consideration.

(3) The Board may perform any of its functions through or by any member of the staff of the Council duly authorised in that behalf by the Board.

12. Membership of Board

12. (1) The Board shall comprise the following 11 members:

(a) the ex officio members specified in subsection (2) or their replacements nominated under subsection (3);

(b) the members elected under subsection (4);

(2) Each of the following shall, ex officio, be a member of the Board (in this Act referred to as an “ ex officio member of the Board”):

(a) the Chief Justice, who shall act as chairperson of the Board;

(b) the President of the Court of Appeal;

(d) the President of the Circuit Court;

(e) the President of the District Court.

(3) An ex officio member of the Board may from time to time nominate in writing another judge (other than an elected member of the Board or a co-opted member of the Board) of the court of which he or she is Chief Justice or President, as the case may be, to perform the functions of such ex officio member during such period or on such occasion or occasions as are specified in the nomination.

(4) Each of the following shall be a member of the Board (in this Act referred to as an “elected member of the Board”):

(a) a judge of the Supreme Court elected by the ordinary judges of that Court;

(b) a judge of the Court of Appeal elected by the ordinary judges of that Court;

(d) a judge of the Circuit Court elected by the ordinary judges and specialist judges of that Court;

(e) a judge of the District Court elected by the judges, other than the President, of that Court.

(5) The Chief Justice, the President of the Court of Appeal, the President of the High Court, the President of the Circuit Court, the President of the District Court and the judges elected under subsection (4) shall, in accordance with subsection (6), co-opt a judge of the Supreme Court, the Court of Appeal, the High Court, the Circuit Court or the District Court to be a member of the Board, and a judge so co-opted shall be a member of the Board (in this Act referred to as a “co-opted member of the Board”).

(6) (a) A judge who is to be a co-opted member of the Board under subsection (5) shall be co-opted from among the judges of each of the courts (other than the Chief Justice or the President of a court) in rotation beginning with the Supreme Court and followed in turn by the Court of Appeal, the High Court, the Circuit Court and the District Court.

(b) The sequence of the rotation of courts for the purposes of the co-option of a co-opted member of the Board provided for in paragraph (a) shall be repeated from time to time as occasion requires.

13. Term of membership of Board

13. (1) A nomination under section 12(3) shall—

(a) cease to have effect upon—

(i) the expiration of the period or the passing of the occasion or occasions, as the case may be, specified in the nomination, or

(ii) the rescinding of the nomination by the ex officio member of the Board who made the nomination,

(b) where the ex officio member of the Board who made the nomination ceases to hold the judicial office by virtue of which he or she became such ex officio member, cease to have effect upon that ex officio member ceasing to hold that office,

(c) where the judge in respect of whom the nomination was made ceases to hold the judicial office by virtue of which he or she was so nominated, cease to have effect upon his or her ceasing to hold that office, or

(d) where the judge in respect of whom the nomination was made by notice in writing given or sent to the ex officio member of the Board indicates that he or she does not wish to continue to perform the functions concerned, cease to have effect upon the receipt of that notice by that ex officio member.

(2) Subject to subsection (7) and section 14(3), an elected member of the Board shall serve as a member of the Board for a term of 4 years from the date of his or her election.

(3) Subject to subsection (7) and section 14(4), a co-opted member of the Board shall serve as a member of the Board for a term commencing on his or her co-option and expiring on the same day as the term of membership of the elected members of the Board expires.

(4) Subject to subsection (5), an elected member of the Board whose term of membership expires with the passage of time shall be eligible for re-election to the Board for a further term of 4 years.

(5) An elected member of the Board who has served 2 terms of membership shall not be eligible to serve a further term as an elected member of the Board other than in accordance with subsection (6).

(6) An elected member of the Board who has served 2 terms of membership shall be eligible for re-election to the Board after a period of 4 years has elapsed immediately following the expiration of his or her most recent term of membership of the Board.

(7) An elected member of the Board or a co-opted member of the Board may resign from his or her membership by notice in writing given or sent to the chairperson of the Board or, if appropriate, the judge nominated by him or her under section 12(3) and the resignation shall take effect on the day on which the chairperson or his or her nominated replacement, as may be appropriate, receives the notice.

(8) Where an elected member of the Board or a co-opted member of the Board ceases to hold the judicial office by virtue of which he or she was eligible to become a member of the Board, he or she shall thereupon cease to be a member of the Board.

(9) The Board may act notwithstanding one or more vacancies in its membership.

14. Casual vacancies in membership of Board

14. (1) Where an elected member of the Board dies, retires or resigns from judicial office, resigns from membership of the Board in accordance with subsection (7) of section 13 or ceases to be a member of the Board in accordance with subsection (8) of that section, the vacancy so occasioned shall be filled by a judge elected to be a member of the Board in the same manner as the member of the Board who occasioned the vacancy was elected.

(2) Where a co-opted member of the Board dies, retires or resigns from judicial office, resigns from membership of the Board in accordance with subsection (7) of section 13 or ceases to be a member of the Board in accordance with subsection (8) of that section, the vacancy so occasioned shall be filled by a judge co-opted to be a member of the Board in the same manner as the member of the Board who occasioned the vacancy was co-opted and who is a judge of the court of which the member of the Board who occasioned the vacancy was a judge.

(3) The term of office of an elected member of the Board elected in accordance with subsection (1) shall be for the unexpired period of the term of membership of the member of the Board whom he or she has replaced.

(4) The term of office of a co-opted member of the Board co-opted in accordance with subsection (2) shall be for the unexpired period of the term of membership of the member of the Board whom he or she has replaced.

(5) A term of membership of the Board of any duration resulting from an election in accordance with subsection (1) shall be regarded as a term of membership for the purposes of subsections (5) and (6) of section 13.

15. Meetings and procedures of Board

15. (1) The Board shall hold such and so many meetings as may be necessary for the performance of its functions but in each year shall hold not less than 4 meetings and the interval between meetings shall not be longer than 4 months.

(2) The first meeting of the members of the Board shall be held within one month of the first meeting of the Council.

(3) At a meeting of the Board—

(a) the chairperson of the Board or, if appropriate, the judge nominated by him or her under section 12(3) shall, if present, be the chairperson of the meeting, or

(b) if and so long as the chairperson of the Board or, if appropriate, the judge nominated by him or her under section 12(3) is not present, the next most senior judge present shall be the chairperson of the meeting.

(4) Every question at a meeting of the Board shall be determined by a majority of the votes of the members of the Board present and voting on the question and, in the case of an equal division of the votes, the chairperson of the meeting shall have a second or casting vote.

(5) The quorum for a meeting of the Board shall be 6 or such greater number as the Board may determine.

16. Committees of Council

16. (1) The Council may, in addition to the committees established under sections 17, 18, 23, 30 and 43, establish such and so many other committees as it thinks fit to assist and advise it in the performance of its functions.

(2) (a) A committee established by the Council under this section shall have such functions as the Council considers appropriate.

(b) The Council may at any time dissolve a committee established by it under this section.

(3) The members of a committee, other than a Judicial Support Committee, may be appointed by the Council for such period, and subject to such terms and conditions, as the Council considers appropriate.

(4) The Council may appoint to a committee, other than a Judicial Support Committee, persons who are not members of the Council but who have, in the opinion of the Council, special knowledge of or experience in matters related to the functions of the committee.

(5) A committee may refer any matter to the Council or the Board for consideration by the Council or the Board, as the case may be.

(6) The acts of a committee shall be subject to confirmation by the Council, unless the Council, at any time, dispenses with the necessity for such confirmation.

(7) A committee shall, at least once in each year or upon the request of the Council, report in writing to the Council and the Board on the activities of the committee.

(8) Subject to this Act, the Council may regulate the procedures of a committee but, subject to the foregoing, a committee may regulate its own procedures.

(9) A committee may act notwithstanding one or more vacancies in its membership.

(10) This section shall not apply to the Personal Injuries Guidelines Committee, the Sentencing Guidelines and Information Committee or the Judicial Conduct Committee.

17. Judicial Studies Committee

17. (1) The Council shall—

(a) establish a committee to be known as the Judicial Studies Committee, and

(b) at the first meeting of the Council, specify the date upon which that Committee shall stand established which shall be a date not later than 3 months following that first meeting.

(2) Subject to such directions (if any) as the Council may give to it, the function of the Judicial Studies Committee shall be to facilitate the continuing education and training of judges with regard to their functions.

(3) Without prejudice to the generality of subsection (2), the Judicial Studies Committee may—

(a) prepare and distribute relevant materials to judges,

(b) publish material relevant to its function,

(c) provide, or assist in the provision of, education and training on matters relevant to the exercise by judges of their functions, including but not limited to—

(i) dealing with persons in respect of whom it is alleged an offence has been committed,

(ii) the conduct of trials by jury in criminal proceedings,

(iii) European Union law and international law,

(iv) human rights and equality law,

(v) information technology, and

(vi) the assessment of damages in respect of personal injuries,

and

(d) establish, maintain and improve communication with—

(i) bodies representing judges appointed to courts of places other than the State, and

(ii) international bodies representing judges.

18. Personal Injuries Guidelines Committee

18. (1) The Council shall—

(a) establish a committee to be known as the Personal Injuries Guidelines Committee, and

(b) at the first meeting of the Council, specify the date upon which that Committee shall stand established which shall be a date not later than 3 months following that first meeting.

(2) The functions of the Personal Injuries Guidelines Committee shall be to prepare and submit to the Board for its review—

(a) draft personal injuries guidelines in accordance with section 90, and

(b) draft amendments to the personal injuries guidelines in accordance with that section.

(3) The Council may issue directions to the Personal Injuries Guidelines Committee in relation to the performance by it of the functions referred to in subsection (2).

(4) The Personal Injuries Guidelines Committee shall submit the first draft of personal injuries guidelines to the Board F5[not later than 9 December 2020].

(5) The Personal Injuries Guidelines Committee may, from time to time, review the personal injuries guidelines and shall—

(a) review those guidelines F6[within 3 years of the adoption by the Council of the guidelines first adopted by it] under section 7 and at least once thereafter in every 3 year period beginning on the completion of the first review, and

(b) submit the outcome of each review under this subsection to the Board.

(6) Where the outcome of a review under subsection (5) includes a recommendation for amendments to the guidelines, the Personal Injuries Guidelines Committee shall prepare a draft of such amendments and shall submit the draft amendments to the Board for its review at the same time as the outcome of the review is submitted to it.

(7) The Personal Injuries Guidelines Committee, and any person authorised by it to act on its behalf, may, for the purpose of performing its functions under subsection (2) —

(a) require any person to provide it with such records, documents or information as it may reasonably require for that purpose,

(b) consult with such persons as the Committee considers appropriate, including the Personal Injuries Assessment Board,

(i) the level of damages awarded by courts in the State and by courts in places outside the State, and

(ii) settlements of claims for damages for personal injuries,

(d) organise conferences, seminars and meetings relevant to those functions.

(8) Without prejudice to his or her obligations under the Data Protection Regulation and the Data Protection Act 2018, a person of whom a requirement is made under subsection (7)(a) shall comply with that requirement.

(9) A person who, without reasonable cause, contravenes subsection (8) is guilty of an offence and is liable on summary conviction to a class A fine.

(10) The court in which a conviction for an offence under this section is recorded or affirmed may order that the person convicted shall comply with the requirement made under subsection (7)(a), the contravention of which led to the conviction concerned.

(11) The Personal Injuries Guidelines Committee shall prepare and submit to the Council, for inclusion in the annual report of the Council under section 37, a report in writing of the activities of the Committee during the period to which the annual report relates.

19. Membership of Personal Injuries Guidelines Committee

19. (1) The Personal Injuries Guidelines Committee shall comprise 7 judges nominated by the Chief Justice as follows:

(a) a judge of the Supreme Court;

(b) a judge of the Court of Appeal;

(d) a judge of the Circuit Court;

(e) a judge of the District Court; and

(f) at the discretion of the Chief Justice, a judge of either the Circuit Court or the District Court.

(2) The Chief Justice shall appoint one of the judges nominated under subsection (1) to be a member of the Personal Injuries Guidelines Committee to act as chairperson of the Committee.

20. Term of membership of Personal Injuries Guidelines Committee

20. (1) Subject to subsection (5) and section 21(3), each member of the Personal Injuries Guidelines Committee shall continue to be a member of the Committee for a term of 4 years from the date of his or her nomination unless he or she sooner dies or resigns.

(2) Subject to subsection (3), a member of the Personal Injuries Guidelines Committee whose term of membership expires with the passage of time shall be eligible for re-nomination to the Committee for a further term of 4 years.

(3) A member of the Personal Injuries Guidelines Committee who has served 2 terms as a member of that Committee shall not be eligible for re-nomination as a member of the Committee.

(4) A member of the Personal Injuries Guidelines Committee may resign from that Committee by notice in writing given or sent to the chairperson of the Committee and the resignation shall take effect on the day on which the chairperson receives the notice.

(5) Where a member of the Personal Injuries Guidelines Committee ceases to be a judge, or ceases to hold the judicial office which he or she held when he or she was nominated to be a member under section 19, he or she shall thereupon cease to be a member of the Committee.

(6) Subject to section 22(4) the Personal Injuries Guidelines Committee may act notwithstanding any vacancy in its membership.

21. Casual vacancies in membership of Personal Injuries Guidelines Committee

21. (1) Where a member of the Personal Injuries Guidelines Committee dies, retires or resigns from judicial office, resigns from the Personal Injuries Guidelines Committee in accordance with subsection (4) of section 20 or ceases to be a member of that Committee under subsection (5) of that section, the vacancy so occasioned shall be filled by a judge nominated by the Chief Justice to be a member of the Personal Injuries Guidelines Committee.

(2) The term of office of a member of the Personal Injuries Guidelines Committee nominated under subsection (1) shall be for the unexpired period of the term of membership of the member of the Committee whom he or she has replaced.

(3) A term of membership of the Personal Injuries Guidelines Committee of any duration resulting from a nomination under subsection (1) shall be regarded as a term of membership for the purposes of section 20(3).

22. Meetings and procedures of Personal Injuries Guidelines Committee

22. (1) The Personal Injuries Guidelines Committee shall hold such and so many meetings as may be necessary for the performance of its functions.

(2) The first meeting of the Personal Injuries Guidelines Committee shall be held not later than 1 month after the date on which the Committee stands established under section 18(1)(b).

(3) At a meeting of the Personal Injuries Guidelines Committee—

(a) the chairperson of that Committee shall, if present, be the chairperson of the meeting, or

(b) if and so long as the chairperson of that Committee is not present, the next most senior judge present shall be the chairperson of the meeting.

(4) The quorum for a meeting of the Personal Injuries Guidelines Committee shall be 3 or such other number, not being less than 3, as the Committee may determine.

(5) Subject to this Act, the Personal Injuries Guidelines Committee shall regulate its own procedures.

23. Sentencing Guidelines and Information Committee

23. (1) The Council shall—

(a) establish a committee to be known as the Sentencing Guidelines and Information Committee, and

(b) at the first meeting of the Council, specify the date upon which that Committee shall stand established which shall be a date not later than 6 months following that first meeting.

(2) Subject to this section and such directions (if any) as the Council may give to it, the functions of the Sentencing Guidelines and Information Committee shall be to—

(a) prepare and submit to the Board for its review draft sentencing guidelines,

(b) prepare and submit to the Board for its review draft amendments to sentencing guidelines adopted by the Council,

(d) collate, in such manner as it considers appropriate, information on sentences imposed by the courts, and

(e) disseminate that information from time to time to judges and persons other than judges.

(3) The Sentencing Guidelines and Information Committee, and any person authorised by it to act on its behalf, may, for the purpose of performing its functions, make arrangements with the Courts Service to—

(a) have access to court documents relating to criminal proceedings, and

(b) take and retain copies of such documents.

(4) Without prejudice to the generality of subsection (2), the Sentencing Guidelines and Information Committee may—

(a) consult with such persons as the Committee considers appropriate for the purpose of preparing draft sentencing guidelines, or draft amendments to sentencing guidelines, for adoption by the Council,

(b) collate information on decisions of the courts relating to sentences,

(d) disseminate decisions of the courts relating to sentences,

(e) prepare and disseminate information on such decisions and other materials relevant to its functions, and

(f) organise conferences, seminars and meetings relevant to its functions.

(5) Any information disseminated under subsection (4) shall not disclose the names of the parties to the proceedings concerned that are the subject of the decisions of the courts concerned or the identity of any person who is named in, or is identifiable from, a document referred to in subsection (3) that is used for the purposes of subsection (4) except where such disclosure is required—

(a) by a judge for the purposes of the exercise of his or her judicial functions in proceedings before him or her, or

(b) pursuant to an order of a court under subsection (6).

(6) A court may, on application in that behalf, in any criminal proceedings, if it considers that it is necessary in the interests of justice to do so, order that the requirement in subsection (5) not to disclose the names of parties to proceedings shall not apply in relation to specified decisions of the courts for the purposes of submissions to the court in relation to the sentence to be imposed in those proceedings and the determination by the court of that sentence.

(7) An order of a court under subsection (6) shall be limited in its effect to any barrister or solicitor representing a party to the proceedings concerned.

(8) The Sentencing Guidelines and Information Committee shall prepare and submit to the Council, for inclusion in the annual report of the Council under section 37, a report in writing of the activities of the Committee during the period to which the annual report relates.

(9) In this section references to information shall include references to information in electronic or other forms.

24. Membership of Sentencing Guidelines and Information Committee

24. (1) The Sentencing Guidelines and Information Committee shall comprise the following 13 members:

(a) 8 judges nominated by the Chief Justice, including—

(i) a judge of the Supreme Court,

(ii) a judge of the Court of Appeal,

(iii) a judge of the High Court,

(iv) a judge of the Circuit Court, and

(v) a judge of the District Court;

(b) the lay members appointed under subsection (3).

(2) The Chief Justice shall appoint one of the judges nominated under subsection (1)(a) to be a member of the Sentencing Guidelines and Information Committee to act as chairperson of the Committee.

(3) The Government shall appoint 5 persons to be members of the Sentencing Guidelines and Information Committee (in this Act referred to as “lay members” of the Sentencing Guidelines and Information Committee) from among such persons as are recommended by the Public Appointments Service in accordance with section 25 for appointment as such lay members.

(4) Subsection (6) of section 44, but only insofar as it relates to paragraphs (a) to (e) of that subsection, shall apply to the eligibility of a person for appointment to be a lay member of the Sentencing Guidelines and Information Committee as that subsection applies to the eligibility of a person for appointment to be a lay member of the Judicial Conduct Committee with the modification that the reference to a lay member of the Judicial Conduct Committee shall be construed as a reference to a lay member of the Sentencing Guidelines and Information Committee.

(5) Subsection (7) of section 44, but only insofar as it relates to paragraphs (a) to (f) of that subsection, shall apply to the cesser of membership of a lay member of the Sentencing Guidelines and Information Committee as that subsection applies to the cesser of membership of a lay member of the Judicial Conduct Committee with the modification that the reference to a lay member of the Judicial Conduct Committee shall be construed as a reference to a lay member of the Sentencing Guidelines and Information Committee.

(6) Of the lay members appointed to the Sentencing Guidelines and Information Committee, not fewer than 40 per cent of them shall be women.

25. Recommendations for appointment of lay members of Sentencing Guidelines and Information Committee

25. (1) The Government shall request the Public Appointments Service to undertake a selection process for the purpose of identifying and recommending to the Government persons who it is satisfied are suitable for appointment to be lay members of the Sentencing Guidelines and Information Committee and, accordingly, the Public Appointments Service shall comply with that request and, following the conduct of such a selection process, make a recommendation to the Government in respect of persons who participated in such process in relation to whom it is so satisfied.

(2) Subject to subsection (3) and section 24(4), the Minister shall agree with the Public Appointments Service the selection criteria and procedures that are to apply to a selection process under this section.

(3) For the purposes of making a recommendation under this section, the Public Appointments Service shall have regard to the desirability that the lay members of the Sentencing Guidelines and Information Committee will, among them, possess knowledge of, and experience in, as many as possible of the following matters:

(a) the prosecution of criminal proceedings;

(b) the defence of criminal proceedings;

(d) the administration of justice;

(e) sentencing policy;

(f) the promotion of the welfare of the victims of crime;

(g) academic study or research relating to criminal law or criminology;

(h) the use of statistics;

(i) the rehabilitation of offenders.

(4) Subject to subsection (3), the Public Appointments Service shall not make a recommendation under this section in respect of a person unless it is satisfied that the person possesses such relevant experience, qualifications, training or expertise as is appropriate having regard to the functions of the Sentencing Guidelines and Information Committee as would render him or her suitable to be a lay member of the Sentencing Guidelines and Information Committee.

(5) The Public Appointments Service shall provide the Government with particulars of the experience, qualifications, training and expertise of each person in respect of whom it makes a recommendation under this section.

(6) This section shall, with any necessary modifications, apply in relation to the filling of any vacancy that arises in the lay membership of the Sentencing Guidelines and Information Committee.

26. Term of membership of Sentencing Guidelines and Information Committee

26. (1) Subject to section 27(3), each member of the Sentencing Guidelines and Information Committee shall continue to be a member of the Committee for a term of 4 years from the date of his or her nomination or appointment, as the case may be, unless he or she sooner dies, resigns, becomes ineligible for membership or, in the case of a lay member, is removed from membership of the Committee.

(2) Subject to subsection (3), a member of the Sentencing Guidelines and Information Committee whose term of membership expires with the passage of time shall be eligible for re-nomination or re-appointment as a member of the Committee for a further term of 4 years.

(3) A member of the Sentencing Guidelines and Information Committee who has served 2 terms as a member of that Committee shall not be eligible for re-nomination or re-appointment, as the case may be, as a member of the Committee.

(4) A member of the Sentencing Guidelines and Information Committee who is a judge may resign from that Committee by notice in writing given or sent to the chairperson of the Committee and the resignation shall take effect on the day on which the chairperson receives the notice.

(5) A lay member of the Sentencing Guidelines and Information Committee may resign from that Committee by notice in writing given or sent to the Minister and the resignation shall take effect on the day on which the Minister receives the notice.

(6) The lay member of the Sentencing Guidelines and Information Committee concerned shall give or send a copy of the notice under subsection (5) to the chairperson of the Sentencing Guidelines and Information Committee when he or she gives or sends the notice to the Minister or as soon as practicable thereafter.

(7) Where a member of the Sentencing Guidelines and Information Committee who is a judge ceases to be a judge, he or she shall thereupon cease to be a member of the Committee.

(8) The Government may at any time remove from the Sentencing Guidelines and Information Committee a lay member of the Committee if the Government is satisfied that the lay member—

(a) has become incapable through ill health of effectively performing the functions of the office,

(b) has committed stated misbehaviour,

(d) is otherwise unfit to hold office or unable to discharge the functions of the office.

(9) The Sentencing Guidelines and Information Committee may act notwithstanding any vacancy in its membership provided there are not less than—

(a) 4 members of the Committee who are judges, and

(b) 3 lay members of the Committee.

27. Casual vacancies in membership of Sentencing Guidelines and Information Committee

27. (1) Where a member of the Sentencing Guidelines and Information Committee who is a judge dies, retires or resigns from judicial office or resigns from the Sentencing Guidelines and Information Committee in accordance with subsection (4) of section 26 or ceases to be a member of that Committee under subsection (7) of that section, the vacancy so occasioned shall be filled by a judge nominated by the Chief Justice to be a member of the Sentencing Guidelines and Information Committee.

(2) Where a lay member of the Sentencing Guidelines and Information Committee dies, resigns from the Sentencing Guidelines and Information Committee in accordance with section 26(5), ceases to be a member of the Committee under section 24(5) or is removed from that Committee under section 26(8), the vacancy so occasioned shall be filled by a person appointed to be a lay member of the Sentencing Guidelines and Information Committee in the same manner as the member of the Committee who occasioned the vacancy was appointed.

(3) The term of office of a member of the Sentencing Guidelines and Information Committee nominated in accordance with subsection (1), or appointed in accordance with subsection (2), shall be for the unexpired period of the term of membership of the member of the Committee whom he or she has replaced.

(4) A term of membership of the Sentencing Guidelines and Information Committee of any duration resulting from a nomination in accordance with subsection (1), or an appointment in accordance with subsection (2), shall be regarded as a term of membership for the purposes of section 26(3).

28. Meetings and procedures of Sentencing Guidelines and Information Committee

28. (1) The Sentencing Guidelines and Information Committee shall hold such and so many meetings as may be necessary for the performance of its functions.

(2) The first meeting of the Sentencing Guidelines and Information Committee shall be held not later than 1 month after the date on which the Committee stands established under section 23(1)(b).

(3) At a meeting of the Sentencing Guidelines and Information Committee—

(a) the chairperson of that Committee shall, if present, be the chairperson of the meeting, or

(b) if and so long as the chairperson of that Committee is not present, the next most senior judge present shall be the chairperson of the meeting.

(4) The quorum for a meeting of the Sentencing Guidelines and Information Committee shall be 5, of whom—

(a) not fewer than 3 shall be members of the Committee who are judges, and

(b) not fewer than 2 shall be lay members of the Committee.

(5) Subject to this Act, the Sentencing Guidelines and Information Committee shall regulate its own procedures.

29. Sentencing policy review

29. The Minister shall—

(a) not later than 2 years after the coming into operation of this section, commence a review of enactments which provide for the imposition of minimum sentences for offences and without prejudice to the generality of the foregoing the Minister may, as part of the review, consider—

(i) whether the continued imposition of such minimum sentences through the operation of such provisions is appropriate in respect of all offences to which such provisions apply, and

(ii) the extent to which in practice such minimum sentences are imposed in accordance with such provisions,

and

(b) not later than 12 months after the commencement of that review, make a report to each House of the Oireachtas on any findings of that review.

30. Judicial Support Committees

30. (1) The Council shall establish the following committees (referred to in this Act as the “Judicial Support Committees”):

(a) a committee to be known as the Supreme Court Judicial Support Committee comprised of the following members:

(i) the Chief Justice who shall, ex officio, be a member of the Committee or his or her replacement nominated under subsection (4);

(ii) an ordinary judge of the Supreme Court elected by the ordinary judges of that Court;

(b) a committee to be known as the Court of Appeal Judicial Support Committee comprised of the following members:

(i) the President of the Court of Appeal who shall, ex officio, be a member of the Committee or his or her replacement nominated under subsection (4);

(ii) an ordinary judge of the Court of Appeal elected by the ordinary judges of that Court;

(i) the President of the High Court who shall, ex officio, be a member of the Committee or his or her replacement nominated under subsection (4);

(ii) two ordinary judges of the High Court elected by the ordinary judges of that Court;

(d) a committee to be known as the Circuit Court Judicial Support Committee comprised of the following members:

(i) the President of the Circuit Court who shall, ex officio, be a member of the Committee or his or her replacement nominated under subsection (4);

(ii) two other judges of the Circuit Court elected by the ordinary judges and the specialist judges of that Court;

(e) a committee to be known as the District Court Judicial Support Committee comprised of the following members:

(i) the President of the District Court who shall, ex officio, be a member of the Committee or his or her replacement nominated under subsection (4);

(ii) two other judges of the District Court elected by the judges, other than the President, of that Court.

(2) The Council shall, at the first meeting of the Council, specify the date upon which the Judicial Support Committees shall stand established which shall be a date not later than 6 months following that first meeting.

(3) The function of a Judicial Support Committee shall be to advise and assist the Council in the performance of its functions under this Act insofar as matters relevant to the Court to which the Committee relates are concerned.

(4) The ex officio member of a Judicial Support Committee may from time to time nominate in writing another judge of the court of which he or she is Chief Justice or President, as the case may be, to perform the functions of that ex officio member of the Judicial Support Committee concerned during such period or on such occasion or occasions as are specified in the nomination.

(5) A nomination under subsection (4) shall—

(a) cease to have effect upon—

(i) the expiration of the period or the passing of the occasion or occasions, as the case may be, specified in the nomination, or

(ii) the rescinding of the nomination by the ex officio member of the Judicial Support Committee concerned who made the nomination,

(b) where the ex officio member of the Judicial Support Committee concerned who made the nomination ceases to hold the judicial office by virtue of which he or she became such ex officio member, cease to have effect upon that ex officio member ceasing to hold that office,

(d) where the judge in respect of whom the nomination was made by notice in writing given or sent to the ex officio member of the Judicial Support Committee concerned indicates that he or she does not wish to continue to perform the functions concerned, cease to have effect upon the receipt of that notice by that ex officio member.

(6) A member of a Judicial Support Committee, who is elected as such a member under paragraph (a)(ii), (b)(ii), (c)(ii), (d)(ii) or (e)(ii), as may be appropriate, of subsection (1) (in this section referred to as an “elected member of a Judicial Support Committee”), shall serve as a member of the Judicial Support Committee concerned for a term of 4 years from the date of his or her election.

(7) Subject to subsection (8), an elected member of a Judicial Support Committee whose term of membership expires with the passage of time shall be eligible for membership of the Judicial Support Committee concerned for a further term of 4 years.

(8) An elected member of a Judicial Support Committee who has served 2 terms as a member of the Judicial Support Committee concerned shall not be eligible for membership of that Committee other than in accordance with subsection (9).

(9) An elected member of a Judicial Support Committee who has served 2 terms as a member of the Judicial Support Committee concerned shall be eligible for membership of that Committee after a period of 4 years has elapsed immediately following the expiration of his or her most recent term of membership of that Committee.

(10) An elected member of a Judicial Support Committee may resign from membership of the Judicial Support Committee concerned by notice in writing given or sent to the ex officio member of that Judicial Support Committee or his or her replacement nominated under subsection (4), as the case may be, and the resignation shall take effect on the day on which the ex officio member or his or her nominated replacement, as may be appropriate, receives the notice.

(11) Where an elected member of a Judicial Support Committee ceases to hold the judicial office that he or she held when he or she became a member of the Judicial Support Committee concerned, he or she shall thereupon cease to be a member of that Committee.

(12) Where an elected member of a Judicial Support Committee dies, retires or resigns from judicial office, resigns from membership in accordance with subsection (10) or ceases to be a member under subsection (11), the vacancy in the Judicial Support Committee concerned so occasioned shall be filled by a judge elected to be a member of that Judicial Support Committee in the same manner as the member of that Committee who occasioned the vacancy was elected.

(13) A member of a Judicial Support Committee elected in accordance with subsection (12) shall serve as a member of the Judicial Support Committee concerned for the unexpired portion of the term of membership of the member whom he or she has replaced.

(14) A term of membership of any duration of a Judicial Support Committee resulting from an election in accordance with subsection (12) shall be reckoned as a term of membership for the purposes of subsections (8) and (9).

31. Remuneration and expenses of members of Board and committees

31. (1) Each member of—

(a) the Board, or

(b) a committee other than the Judicial Conduct Committee,

who is a judge shall be paid such allowances for expenses as the Minister, with the consent of the Minister for Public Expenditure and Reform, may determine.

(2) Each member, other than one who is a judge, of a committee other than the Judicial Conduct Committee shall be paid such remuneration (if any) and such allowances for expenses as the Minister, with the consent of the Minister for Public Expenditure and Reform, may determine.

PART 4 Staff, Funding and Accountability of Council

32. Secretary to Council

32. (1) The Board shall appoint a person to be the Secretary to the Council (in this Act referred to as the “Secretary”).

(2) The Secretary may be removed or suspended from office by the Board for stated reasons.

(3) The Secretary shall hold office under a written contract of service (which contract may, at the discretion of the Board, be renewed) for such period as is specified in the contract and subject to such terms and conditions (including terms and conditions relating to remuneration, allowances for expenses and superannuation) as are so specified, as may be determined by the Board with the approval of the Minister and the consent of the Minister for Public Expenditure and Reform.

(4) The Secretary shall not be a member of the Council, the Board or a committee but he or she may, in accordance with procedures specified by the Council, the Board or a committee other than the Judicial Conduct Committee, attend meetings of the Council, the Board or the committee concerned, as the case may be, and shall be entitled to speak and give advice at such meetings.

(5) The Public Service Management (Recruitment and Appointments) Act 2004 shall not apply to the appointment of a person as the Secretary.

32A. F7[Superannuation

32A.(1) The Board shall, as soon as practicable after the coming into operation of section 14 (d) of the Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024—

(a) prepare and submit to the Minister, and

(b) with the approval of the Minister given with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform,

make a scheme for the granting of superannuation benefits to or in respect of any person appointed to be the Secretary.

(2) A scheme made under this section shall fix the time and conditions of retirement for a person to or in respect of whom superannuation benefits are payable under the scheme.

(3) A scheme made under this section shall be carried out by the Board in accordance with its terms.

(4) No superannuation benefit shall be granted by the Board to or in respect of a person to or in respect of whom superannuation benefits are payable under a scheme made under this section nor shall any other arrangement be entered into for the provision of any superannuation benefit to such person on ceasing to hold office, otherwise than in accordance with—

(a) a scheme or schemes made under this section, or

(b) an arrangement approved by the Minister with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform.

(5) Every scheme made under this section shall make provision for appeals.

(6) (a) Every scheme made under this section may be amended or revoked by a subsequent scheme made under this section.

(b)Paragraphs (a)and(b)ofsubsection (1)shall, with all necessary modifications, apply to the making of a subsequent scheme referred inparagraph (a).

(7) The Minister shall cause a scheme made under this section to be laid before each House of the Oireachtas as soon as may be after it is approved under this section and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(8) In this section—

"superannuation benefit" means a pension, gratuity or other allowance payable on resignation, retirement or death;

"scheme made under this section" means a scheme made by the Board in accordance withsubsection (1)and includes a subsequent scheme, referred to insubsection (6), made by the Board.]

33. Interim Secretary to Council

33. (1) The Chief Justice may appoint a member of staff of the Courts Service to act as interim Secretary to the Council (in this section referred to as the “interim Secretary”) pending the appointment of the Secretary by the Board under section 32(1) and pending that appointment—

(a) the interim Secretary shall perform all the functions assigned to the Secretary by or under this Act, and

(b) a reference in this Act to the Secretary shall include a reference to the interim Secretary.

(2) When a Secretary is appointed under section 32(1), the interim Secretary shall cease to hold office.

34. Functions of Secretary to Council

34. (1) The Secretary shall, in addition to the functions assigned to him or her by or under any other provision of this Act, manage and control the staff of the Council and the administration of the Council (and its committees) and perform such other functions (if any) as may be determined by the Board.

(2) The Secretary shall perform the functions referred to in subsection (1) (other than those of Registrar to the Judicial Conduct Committee) in accordance with such directions as may be given to him or her from time to time by the Board and shall be accountable to the Board for the performance of those functions and the effective and efficient management of the Council.

(3) The Secretary shall provide to the Board such information in relation to the performance of his or her functions referred to in subsection (2) (including information with respect to the performance of those functions in so far as they relate to the financial affairs of the Council) as the Board may require.

(4) The Secretary may, with the consent of the Board, authorise a member of the staff of the Council to perform a specified function of the Secretary and such a member of the staff so authorised may perform the function accordingly.

(5) The Board may designate a member of the staff of the Council to perform the functions of Secretary in the absence of the Secretary or where the office of Secretary is vacant, and a member of the staff of the Council so designated shall in such absence or upon such office being vacant, perform those functions.

35. Staff of Council

35. (1) The Board shall, with the approval of the Minister and the consent of the Minister for Public Expenditure and Reform, appoint such and so many persons to be members of the staff of the Council as it may determine.

(2) A member of staff of the Council shall be a civil servant in the Civil Service of the State.

(3) The Board shall be the appropriate authority (within the meaning of the Public Service Management (Recruitment and Appointments) Act 2004 and the Civil Service Regulation Acts 1956 to 2005) in relation to members of the staff of the Council.

(4) For the purposes of this section, the Secretary is not a member of the staff of the Council.

36. Advances to Council

F8[36.The Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, determine the amount or amounts, for the purposes of expenditure by the Council in the performance of its functions, which shall from time to time be advanced by the Courts Service to the Council out of moneys provided to it by the Oireachtas.]

37. Annual report of Council

37. (1) As soon as practicable, but in any case not later than 6 months, after the end of each financial year of the Council, the Council shall prepare, and submit to the Minister, a report (in this section referred to as the “annual report”) in writing of its activities during that year.

(2) If, under subsection (1), the first annual report would relate to a period of less than 6 months, that report shall, notwithstanding that subsection, instead relate to the activities of the Council during that period and the financial year of the Council immediately following that period and the Council shall prepare, and submit to the Minister, the first annual report as soon as may be, but not later than 6 months, after the end of that financial year.

(3) The annual report shall include information on the performance of the functions of the Council during the period to which it relates and such other information in such form as the Council considers appropriate.

(4) The Minister shall as soon as may be after the receipt by him or her of the annual report cause copies of the report to be laid before each House of the Oireachtas.

(5) The Council shall ensure that, as soon as practicable after copies of the annual report are laid before the Houses of the Oireachtas under subsection (4), the report is published in such manner as the Council considers appropriate.

38. Accounts of Council

38. (1) The Council shall keep, in such form and in respect of such accounting periods as may be approved by the Minister and the Minister for Public Expenditure and Reform, all proper and usual accounts of moneys received and expended by it, including an income and expenditure account and a balance sheet.

(2) Not later than 3 months after the end of each accounting period, the Council shall submit the accounts kept under this section in respect of that period, signed by the Secretary, to the Comptroller and Auditor General for audit.

(3) Immediately after the audit by the Comptroller and Auditor General of the accounts submitted to him or her in accordance with subsection (2), the Council shall present to the Minister copies of—

(a) the audited accounts, including the income and expenditure account, the balance sheet and such other (if any) accounts kept under this section as the Minister, after consulting with the Minister for Public Expenditure and Reform, may direct, and

(b) the report of the Comptroller and Auditor General on the accounts.

(4) As soon as practicable after the presentation to him or her of the audited accounts of the Council and the report of the Comptroller and Auditor General thereon, the Minister shall cause copies of them to be laid before each House of the Oireachtas.

39. Accountability of Council to Public Accounts Committee

39. (1) The Secretary shall, whenever required in writing to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee on—

(a) the regularity and propriety of the transactions recorded, or required to be recorded, in any book or other record of account subject to audit by the Comptroller and Auditor General that the Council is required by this Act to prepare,

(b) the economy and efficiency of the Council in the use of its resources,

(c) the systems, procedures and practices employed by the Council for the purpose of evaluating the effectiveness of its operations, and

(d) any matter affecting the Council referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993 or any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.

(2) In the performance of his or her duties under this section, the Secretary shall not question or express an opinion on the merits of any policy of the Government or any Minister of the Government or on the merits of the objectives of such a policy.

40. Accountability of Council to other Oireachtas committees

40. (1) Subject to subsection (2), the Secretary shall, at the request in writing of an Oireachtas committee, attend before it to give account for the general administration of the Council.

(2) The Secretary shall not be required to give account before an Oireachtas committee for any one or more of the following:

(a) the exercise by a judge of his or her judicial functions;

(b) any matter which is, or has been or may at a future date be the subject of proceedings before a court or tribunal in the State;

(c) any matter concerning a judge which is, or has been or may at a future date be the subject of an investigation by the Judicial Conduct Committee.

(3) Where the Secretary is of opinion that a matter in respect of which he or she is requested to give an account before an Oireachtas committee is a matter to which subsection (2) applies, he or she shall, as soon as practicable, seek the opinion of the Board thereon.

(4) If the Board is of opinion that the matter concerned is one to which subsection (2) applies, the Secretary shall inform the Oireachtas committee of the opinion and the reasons for the opinion and, unless the information is conveyed to the Oireachtas committee at the time when the Secretary is before it, the information shall be conveyed to the Oireachtas committee in writing.

(5) If the Board is of opinion that the matter concerned is not one to which subsection (2) applies, the Secretary shall attend before the Oireachtas committee to give account for the matter.

(6) Where the Secretary has informed an Oireachtas committee of the opinion of the Board in accordance with subsection (4) and the Oireachtas committee does not withdraw the request referred to in subsection (1) in so far as it relates to the subject matter of that opinion—

(a) the Secretary may, not later than 21 days after being informed by the Oireachtas committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question whether the matter is one to which subsection (2) applies, or

(b) the chairperson of the Oireachtas committee may, on behalf of the Oireachtas committee, make such an application,

and the High Court shall determine the matter.

(7) Pending the determination of an application under subsection (6), the Secretary shall not attend before the Oireachtas committee to give account for the matter that is the subject of the application.

(8) If the High Court determines that the matter concerned is one to which subsection (2) applies, the Oireachtas committee shall withdraw the request referred to in subsection (1) but if the High Court determines that subsection (2) does not apply, the Secretary shall attend before the Oireachtas committee to give account for the matter.

(9) In the performance of his or her duties under this section, the Secretary shall not question or express an opinion on the merits of any policy of the Government or any Minister of the Government or on the merits of the objectives of such a policy.

(10) In this section “Oireachtas committee” means—

(a) a committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee referred to in section 39 or the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann), or

(b) a sub-committee of a committee falling under paragraph (a).

41. Prohibition on disclosure of confidential information

41. (1) A person shall not, unless he or she is required or permitted by law or duly authorised by the Council to do so, disclose confidential information obtained by him or her while performing functions—

(a) as a member of the Council, the Board or a committee, or

(b) as the Secretary, Registrar or a member of staff of the Council, or as a consultant, adviser or other person who is or was engaged under contract or other arrangement by the Council.

(2) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a class A fine.

(3) In this section, “confidential information” includes—

(a) information that is expressed by the Council, the Board or a committee to be confidential either as regards particular information or as regards information of a particular class or description, and

(b) proposals of a commercial nature or tenders submitted to the Council, the Board or a committee by consultants, advisers or any other person.

PART 5 Judicial Conduct Committee

Chapter 1

42. Application of Part

42. (1) Subject to subsection (2), this Part shall apply to conduct alleged to constitute judicial misconduct that occurred or is alleged to have occurred after the commencement of this Part.

(2) Where there is more than one alleged incident of the conduct that is alleged to constitute judicial misconduct, with one or more such incidents having occurred or alleged to have occurred before the commencement of this Part and one or more such incidents having occurred or alleged to have occurred after such commencement, this Part shall apply only in relation to the alleged incidents of such conduct as have occurred or are alleged to have occurred after such commencement.

(3) This Part shall not apply to a complaint concerning a judge who, at the time of the making of the complaint, has ceased to be a judge.

(4) This Part shall cease to apply to a complaint if the judge in respect of whom the complaint was made ceases to be a judge—

(a) before the referral of the complaint for resolution by informal means under Chapter 4 or the initiation of an investigation of the complaint under Chapter 5,

(b) during the course of the resolution of the complaint by the informal means process under Chapter 4 or the conduct of an investigation of the complaint under Chapter 5, or

(c) before the proposal by the Minister of an Article 35.4.1°; motion, within the meaning of section 80, in Dáil Éireann or Seanad Éireann in respect of the judge where the Judicial Conduct Committee is considering the making of, has determined that it should make or has made a referral under that section arising from the complaint,

and, in circumstances to which paragraph (b) or (c) applies, the said resolution by the informal means process, the conduct of the investigation of the complaint or, if appropriate, the process for the making of a referral under section 80, as the case may be, shall be discontinued.

(5) The Registrar shall, in circumstances to which subsection (4) applies, inform the complainant concerned and the former judge concerned in writing that this Part has ceased to apply to the complaint concerned by reason of the fact that the judge concerned has ceased to be a judge.

Chapter 2

43. Judicial Conduct Committee

43. (1) The Council shall—

(a) establish a committee which shall be known as the Judicial Conduct Committee, and

(b) at the first meeting of the Council, specify the date upon which that Committee shall stand established which shall be a date not later than 6 months following that first meeting.

(2) The function of the Judicial Conduct Committee shall be to promote and maintain high standards of conduct among judges, having regard to the principles of judicial conduct requiring judges to uphold and exemplify judicial independence, impartiality, integrity, propriety (including the appearance of propriety), competence and diligence and to ensure equality of treatment to all persons before the courts.

(3) Without prejudice to the generality of subsection (2), the Judicial Conduct Committee—

(a) shall consider complaints and refer them for resolution by informal means or undertake investigations into the conduct of individual judges in accordance with this Part,

(b) shall take such action, if any, in accordance with this Part as it considers necessary for the purposes of safeguarding the administration of justice whether as a result of its consideration of a complaint and its referral for resolution by informal means or the undertaking of an investigation under this Part or otherwise,

(c) shall prepare and publish guidelines providing for the resolution by informal means of complaints that are determined to be admissible under this Part,

(d) shall, not later than 12 months after its establishment, prepare and submit to the Board for its review draft guidelines concerning judicial conduct and ethics, which guidelines shall include guidance as to the matters a judge should consider when deciding whether he or she should recuse himself or herself from presiding over legal proceedings, for adoption by the Council,

(e) may of its own volition or, shall, on the request of the Board or the Council, prepare and submit to the Board for its review draft amendments to guidelines concerning judicial conduct and ethics adopted by the Council, and

(f) may provide such advice and recommendations to an individual judge or to judges generally on judicial conduct and ethics as it sees fit.

(4) The Judicial Conduct Committee shall, subject to this Act, be independent in the performance of its functions.

(5) The Judicial Conduct Committee shall have all such powers as are necessary or expedient for the performance of its functions.

(6) The Judicial Conduct Committee may obtain legal, medical or other advice in connection with the performance of any of its functions.

(7) The Judicial Conduct Committee shall, in relation to the functions conferred on it by this Act—

(a) bring or defend legal proceedings, or

(b) do any other act or thing that is necessary for the performance of those functions,

in the name of the Council.

44. Membership of Judicial Conduct Committee

44. (1) The Judicial Conduct Committee shall comprise the following 13 members:

(a) the ex officio members specified in subsection (2) or their replacements nominated under subsection (3);

(b) the members elected under subsection (4);

(2) Each of the following shall, ex officio, be a member of the Judicial Conduct Committee (in this Act referred to as an “ ex officio member of the Judicial Conduct Committee”):

(a) the Chief Justice, who shall act as chairperson of the Committee;

(b) the President of the Court of Appeal;

(d) the President of the Circuit Court;

(e) the President of the District Court.

(3) An ex officio member of the Judicial Conduct Committee may from time to time nominate in writing another judge (other than an elected member of the Judicial Conduct Committee) of the court of which he or she is Chief Justice or President, as the case may be, to perform the functions of such ex officio member during such period or on such occasion or occasions as are specified in the nomination and references in this Act to that ex officio member of the Judicial Conduct Committee shall, during such period or in respect of such occasion or occasions, include references to a judge so nominated.

(4) Three members of the Judicial Conduct Committee (in this Act referred to as “elected members of the Judicial Conduct Committee”) shall be elected by and from among—

(a) the ordinary judges of the Supreme Court,

(b) the ordinary judges of the Court of Appeal,

(d) the ordinary judges and specialist judges of the Circuit Court, and

(e) the judges, other than the President, of the District Court.

(5) The Government shall appoint 5 persons to be members of the Judicial Conduct Committee (in this Act referred to as “lay members” of the Judicial Conduct Committee) from among such persons as are recommended by the Public Appointments Service in accordance with section 45 for appointment as such lay members.

(6) A person shall not be eligible for appointment to be a lay member of the Judicial Conduct Committee—

(a) if the person is a member of either House of the Oireachtas, the European Parliament or a local authority,

(b) if, in the case of a person who was a member of either House of the Oireachtas, the European Parliament or a local authority and who has ceased to be such a member, a period of 5 years has not yet elapsed since he or she was a member of either such House, such Parliament or a local authority,

(d) if the person is a judge or a former judge of—

(i) the General Court of the European Union,

(ii) the Court of Justice of the European Union,

(iii) the European Court of Human Rights,

(iv) the International Court of Justice,

(v) the International Criminal Court, or

(vi) an international tribunal,

(e) if the person is an Advocate-General or a former Advocate-General of the Court of Justice of the European Union,

(f) if the person is a practising barrister or solicitor,

(g) if, in the case of a person who was a practising barrister or solicitor and who has ceased to be a practising barrister or practising solicitor, a period of 5 years has not yet elapsed since he or she last practised as a barrister or solicitor, or

(h) if the person is a civil servant.

(7) If a lay member of the Judicial Conduct Committee—

(a) is nominated to be a member of Seanad Éireann,

(b) is elected to be a member of either House of the Oireachtas or to be a member of the European Parliament,

(c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to be a member of the European Parliament,

(d) is elected or co-opted to be a member of a local authority,

(e) is appointed to be a judge of—

(i) the General Court of the European Union,

(ii) the Court of Justice of the European Union,

(iii) the European Court of Human Rights,

(iv) the International Court of Justice,

(v) the International Criminal Court, or

(vi) an international tribunal,

(f) is appointed to be an Advocate-General of the Court of Justice of the European Union,

(g) commences practice as a barrister or solicitor, or

(h) becomes a civil servant,

he or she shall thereupon cease to be a lay member of the Judicial Conduct Committee.

(8) Of the lay members appointed to the Judicial Conduct Committee, not fewer than 40 per cent of them shall be women.

45. Recommendations for appointment of lay members of Judicial Conduct Committee

45. (1) The Government shall request the Public Appointments Service to undertake a selection process for the purpose of identifying and recommending to the Government persons who it is satisfied are suitable for appointment to be lay members of the Judicial Conduct Committee and, accordingly, the Public Appointments Service shall comply with that request and, following the conduct of such a selection process, make a recommendation to the Government in respect of persons who participated in such process in relation to whom it is so satisfied.

(2) Subject to subsection (3) and section 44(6), the Minister shall agree with the Public Appointments Service the selection criteria and procedures that are to apply to a selection process under this section.

(3) For the purposes of making a recommendation under this section, the Public Appointments Service shall have regard to the desirability that the lay members of the Judicial Conduct Committee will, among them, possess knowledge of, and experience in, as many as possible of the following matters:

(a) the maintenance of standards in professions regulated by a statutory or other body;

(b) dealing with complaints made against members of such professions;

(d) the administration of justice;

(e) the management and provision of services to members of the public.

(4) Subject to subsection (3), the Public Appointments Service shall not make a recommendation under this section in respect of a person unless it is satisfied that the person possesses such relevant experience, qualifications, training or expertise as is appropriate having regard to the functions of the Judicial Conduct Committee as would render him or her suitable to be a lay member of the Judicial Conduct Committee.

(6) This section shall, with any necessary modifications, apply in relation to the filling of any vacancy that arises in the lay membership of the Judicial Conduct Committee.

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